ATTORNEY REVIEW DRAFT — DO NOT SIGN. Facility: 9142 Caratoke Hwy, Point Harbor, NC 27964. Property owner/landlord: [EXACT LEGAL NAME TO CONFIRM]. The controlling Google Drive draft is https://docs.google.com/document/d/1ELKpYmZv9oQfEWhI2s_sl1ot9vbHea-uUWTKJ0VQMQc/edit . Replace this text with counsel-approved final version before accepting signatures.
OUTER BREAK MMA, LLC — PARTICIPANT AND COACH ASSUMPTION OF RISK, RELEASE OF ORDINARY NEGLIGENCE, AND AGREEMENT NOT TO SUE
1. Activities and known risks. I voluntarily enter the facility or take part in classes, open mats, private lessons, drills, sparring, demonstrations, coaching, fitness work, events, and related activities offered or permitted by Outer Break MMA, LLC (the “Activities”). These may include Brazilian jiu-jitsu in a gi or no-gi, wrestling, Muay Thai, cardio kickboxing, striking, conditioning, and contact with mats, walls, equipment, and other people. A visitor or observer may also be near active training areas. I understand that foreseeable and unexpected risks include falls; throws and takedowns; strikes or accidental contact; joint locks, chokes, and temporary loss of consciousness; neck, spine, head, and brain injury, including concussion; cuts, bruises, sprains, fractures, dislocations, illness, infection, overexertion, heart events, disability, paralysis, and death. Risks can arise from my acts, another participant’s acts, coaching or supervision, equipment or mat condition, and conditions of the premises. Protective equipment, instruction, rules, and supervision reduce some risks but cannot eliminate them.
2. My conduct and health. I will follow posted rules and reasonable coach instructions; disclose relevant limitations to the coach before training; choose a level of contact within my ability; tap or stop promptly; release a technique when a partner taps or a coach calls stop; and avoid training while impaired or knowingly ill. I will report unsafe conditions and injuries promptly. I may stop participating at any time. I understand that the gym is not providing medical advice or promising that participation is safe for my condition.
3. Assumption of risk. To the fullest extent permitted by North Carolina law, I knowingly and voluntarily assume the inherent and ordinary risks of the Activities and of entering or using the facility, including the risks described above and risks arising from the ordinary negligence of the Released Parties defined below.
4. Express release of ordinary negligence and covenant not to sue. In exchange for being permitted to enter or participate, I, for myself and, to the extent the law permits, my heirs, estate, representatives, and successors, RELEASE AND DISCHARGE Outer Break MMA, LLC; its current and future members, owners, managers, officers, employees, coaches, instructors, contractors, volunteers, and event facilitators; [EXACT LEGAL NAME OF PROPERTY OWNER/LANDLORD] and that owner’s agents and representatives; and their respective insurers, successors, and assigns (collectively, the “Released Parties”) from claims for personal injury, death, illness, or property loss arising out of or related to the Activities or my use of the facility, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY A RELEASED PARTY’S OWN ORDINARY NEGLIGENCE, NEGLIGENT INSTRUCTION, NEGLIGENT SUPERVISION, NEGLIGENT MAINTENANCE, OR ORDINARY PREMISES NEGLIGENCE. I agree not to bring or maintain a claim against a Released Party for a matter that is validly released above. This agreement is intended to protect each named Released Party as an intended beneficiary, including the property owner even if that owner does not operate the gym. It does not waive any claim that North Carolina law does not permit me to waive.
5. Conduct and claims that are not released. This release does not cover gross negligence, reckless or willful or wanton misconduct, intentional injury or assault, deliberate abuse, or other conduct that cannot lawfully be released. It does not excuse a Released Party from duties that law makes nonwaivable. A training injury is not automatically proof of misconduct, and a signed waiver is not proof that the facility or any person acted properly.
6. Emergency response and personal property. If I appear unable to consent during an emergency, I authorize staff to contact emergency services and my listed emergency contact. I am responsible for medical expenses to the extent imposed by law; this clause does not shift a Released Party’s liability for an unreleased claim. I remain responsible for my own belongings, subject to the limits of the release above.
7. Additional acknowledgment for coaches and staff. If I coach, instruct, supervise, demonstrate, or assist, I acknowledge the physical risks to me when doing so and agree to follow the gym’s safety rules and intervene when reasonably necessary. This document releases only my own covered personal claims in the capacity and circumstances stated above. It does not waive wages, workers’ compensation benefits where applicable, employment protections, claims of third parties, or duties that the gym or I owe under law. It does not replace a coaching agreement, background/safeguarding policy, or insurance.
8. Parent or legal guardian for a minor. I am the parent or legal guardian of the minor named in this form and consent to the minor’s participation in the Activities. I have read the risks and agree to the safety and emergency provisions on the minor’s behalf. In my individual capacity, I assume the risks of my own presence and release my own derivative claims to the same extent as Sections 3–5. On behalf of the minor, I agree to the release and covenant not to sue in Sections 3–5 ONLY TO THE EXTENT NORTH CAROLINA LAW PERMITS A PARENT OR GUARDIAN TO DO SO. I do not represent that my signature eliminates any independent right that the minor cannot legally release. An age-appropriate minor should also hear the safety rules and stop when instructed.
9. General terms and acknowledgment. North Carolina law governs this agreement. If a court finds a particular provision unenforceable, the remaining lawful provisions remain in effect. The agreement applies to my participation and visits beginning on the date I sign and continuing until replaced or withdrawn prospectively in writing; withdrawal does not change any release validly given for earlier activities. No oral statement changes this document. I have had a reasonable opportunity to read this document and ask questions. I understand that I am giving up legal rights for claims based on ordinary negligence, including claims against the gym’s owners, coaches, facilitators, and the property owner. I sign voluntarily and understand I may decline to sign and not participate.
